No prenup? Consider a postnup

By
The Law Office of Jerome P. Ventura, P.A.
|June 16, 2017

You had a whirlwind romance that seemed too good to be true, but when you
said your vows, you knew you had finally found "The One." Now,
after several years of a rocky marriage, you have concerns that he only
married you for your money. You were so swept up in the passion and the
romance, you did not even consider a prenuptial agreement. Fortunately,
it is not too late. You still have time to put a
postnuptial agreement in place to protect your assets.

If you are worried that your relationship will not last and you have
high-value assets that need protection, it may be time to contact an attorney with family law experience in the
Pembroke Pines area. An experienced lawyer can help you put the protections
in place to guard your assets if your marriage ends.

Postnuptial agreements

In general, a postnuptial agreement is similar to a prenuptial agreement
except that you and your spouse enter into the contract after you say
"I do" instead of before. The agreement can stipulate how to
treat your finances, assets and debt if the two of you divorce. In addition,
it can also contain clauses that address spousal support, custody arrangements,
and your individual responsibilities toward the household during the marriage.

Reasons to create a postnup

If you have children from a previous marriage, a postnuptial agreement
can provide protections for the assets you intend to pass to them. In
addition, the postnuptial can address issues such as cases of infidelity
and terms for attempting to repair the marriage. Other reasons to create
a postnuptial agreement include protecting your business and dealing with
marital disagreements over finances.

Making the decision

Talking about financial issues and the possibility of divorce may seem
like it will cause the marriage to end even if there are no other problems.
However, if you have already acquired a significant amount of wealth,
expect to receive a substantial inheritance or own a business, you should
consider the benefits of putting a postnuptial agreement into effect.

While the agreement will not give you 100 percent protection if you divorce,
it will certainly give you a strong standing when it comes time to negotiate
a settlement or let the court preside over your divorce. In addition,
be sure that the terms of your postnuptial agreement are fair and no coercion
existed at the time each of you signed in order for the court to consider
it enforceable.

If you are worried about the effects a divorce might have on your high-value
assets, a
postnuptial agreement may help alleviate some of your concern.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.